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Modernizers Even Before Modernization

As a rapidly constructed state, Pakistan did not inherit a centralized state machin­ery.[166] It could have experimented with new forms of governance, but did not. What are the explanations for this? One may be that the founding father had internalized the ideas of the colonizers.[167] The founding father of Pakistan, Jinnah, was a Lincoln Inn’s graduate, and under the influence of liberal British parliamentarians.[168] The first Prime Minister of Pakistan, Liaquat Ali Khan, was also a student of Exeter College, Oxford.

He completed his studies in law and was called to the bar of the Inner Temple in 1922. Jinnah was a lawyer of outstanding eminence.[169] Munir CJ’s claim is that Jinnah was secular and against theocracy.[170] Most of these claims of Jinnah are based on his speech addressing the constituent assembly on the 11th of August 1947.[171] Sharifuddin Pirzada, one of the most prominent jurists of Pakistan, rejected this view that Jinnah wanted a secular state[172] but a modern state which was neither a Western type or nor a theocratic state.[173] For Nasim Hassan Shah CJ, Jinnah’s vision of Pakistan was as a liberal democratic Islamic welfare state.[174] Since socialist ideas were also prominent at the time, Jinnah also offered a hap­hazard condemnation of landlords and capitalists.[175] He stated that major key industries and public utility services would be socialized.[176] Jinnah wanted socialist modernization but Munir CJ made it clear ‘immediately’ that he wanted to combine the moral principles of Islam and socialism and did not mean a practicing theory of socialism.[177]

Apart from Jinnah’s position on Islam and Pakistan, one thing is certain, after 1857 Ghadr, Muslims of the subcontinent had a fear of exclusion at a political level. Materiality of the idiom of Islam or Muslim identity was only to that extent and should be traced in those class formations. Munir is right that Jinnah was not a communalist.[178] Then what about two-nation theory he espoused, that Muslims are a separate ‘nation’ from Hindus? This was a later development in its ‘particular’. To understand the later developments of the grafting of Islam on the modernist con­stitutionalist version of Jinnah’s state, there is a need to explore the class formations under Liaqat Ali Khan after Jinnah’s sudden death in September 1948.

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Source: Azeem Muhammad. Law, State and Inequality in Pakistan: Explaining the Rise of the Judiciary. Springer Singapore,2017. — 289 p.. 2017
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